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Montana security deposit law

Source: Mont. Code Ann. §§ 70-25-101 to 70-25-206 · Checked against the statute

Maximum deposit
No statutory limit.
Return deadline
30 days after the tenancy terminates (Landlord deducts rent, damage or cleaning); 10 days (see details) (No damage, no cleaning needed, no unpaid rent, and the tenant shows no unpaid utilities)
If the landlord keeps it wrongly
A landlord who wrongfully withholds is liable for the amount wrongfully withheld; the court may award attorney's fees to the prevailing party (§ 70-25-204). Missing the 30-day list forfeits the right to withhold for damage or cleaning (§ 70-25-203).

Calculate your Montana deadline

Choose your state and move-out date to see when your landlord must return the deposit.

When the deposit must be returned

  • Within 30 days after the tenancy ends or the unit is surrendered and accepted, whichever comes first, give a written list of rent due and damage and cleaning charges, with any balance.
  • Return the full deposit within 10 days after the inspection.

The refund goes to the new address the tenant gives, or to the last-known address. Not giving a new address does not bar the tenant from recovering what is owed.

Itemized list of deductions

Required: Yes. Written list of any rent due and damage and cleaning charges.

What can and can't be deducted

Cleaning charges cover only cleaning not due to normal wear. Routine cyclical maintenance cannot be charged unless the tenant's negligence made it necessary. Before deducting cleaning, the landlord must give written notice and the tenant gets 24 hours to do the cleaning (§§ 70-25-101, 70-25-201).

Nonrefundable fees

A fee or charge for cleaning and damages, however labeled, is presumed to be a security deposit (§ 70-25-101).

Interest, bank account and move-in inspection

  • Interest required: No. No statewide interest requirement.
  • Separate account required: No. No statutory separate-account requirement.
  • Move-in inspection required: Yes. A landlord who takes a deposit must give a separate signed written statement of the unit's present condition at lease signing. Without it, the landlord cannot charge for damage or cleaning unless it proves by clear and convincing evidence that the tenant caused it (§ 70-25-206).

Penalties and bad faith

A landlord who wrongfully withholds is liable for the amount wrongfully withheld; the court may award attorney's fees to the prevailing party (§ 70-25-204). Missing the 30-day list forfeits the right to withhold for damage or cleaning (§ 70-25-203).

The statute has no bad-faith presumption. The landlord bears the burden of proving damage caused by the tenant.

Getting your deposit back in court

Justice court small claims hear claims up to $7,000, not counting costs (§ 25-35-502). Court information

Before filing, many tenants send a written demand first. Write a Montana demand letter →

Also good to know

  • Either party may ask to inspect the unit within 1 week before the tenancy ends.
  • A tenant cannot sue until they get a written denial, or 30 days pass after the tenancy ends or surrender, or 10 days pass after the landlord says nothing is owed (§ 70-25-204).
  • The return rules do not apply when the lease was ended for cause and the landlord has a pending court claim.
  • Deductions may include unpaid rent, late charges, utilities, lease penalties and actual cleaning costs including a reasonable charge for the landlord's labor.

Sources

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.